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CII E05 Exam Syllabus Topics:

SectionObjectives
Topic 1: Key Legal Principles in Insurance- Utmost good faith (uberrimae fidei)
- Warranties and conditions
- Disclosure and misrepresentation
- Insurable interest
Topic 2: Principles of Insurance Law- Fundamental legal principles affecting insurance contracts
- Nature and purpose of insurance law
Topic 3: Claims and Remedies- Claims handling process
- Fraud and avoidance of policies
- Subrogation and contribution
Topic 4: Liability and Tort Law- Negligence principles
- Vicarious liability
- Occupiers’ liability
Topic 5: Insurance Contract Formation- Offer, acceptance, consideration, and intention to create legal relations
- Policy wording and interpretation

CII Examination element of M05 Insurance law Sample Questions:

Question 1

For this question more than 1 option is correct. You must select all the correct options to gain the mark. What are the characteristics of an express term in reaching or recording an agreement?

A. It may be oral or in writing.
B. It may be implied by conduct.
C. It will usually override any implied term which conflicts with it.
D. It must be evidenced in documentary form.


Question 2

Dan made a financial arrangement on behalf of Liz. However, Liz had the arrangement set aside by the court on the basis that she had been unduly influenced by Dan. To establish undue influence, the court must have specifically identified Dan as

A. a person holding a senior position at Liz's bank.
B. Liz's husband.
C. a person holding a dominant position over Liz.
D. Liz's independent financial adviser.


Question 3

Within what time period, from the date when the damage first began, does the owner of an office block have a right to sue the builder for negligent construction work?

A. 15 years.
B. 9 years.
C. 6 years.
D. 3 years.


Question 4

As a result of a breach of good faith under a commercial insurance policy, the insurer avoided the policy as a whole, but was NOT permitted to retain the premium because

A. the premium was paid by monthly installments.
B. the misrepresentation was fraudulent.
C. no claim had been submitted or paid.
D. the misrepresentation was innocent.


Question 5

A married couple have equal shares in a property and are insured under a buildings insurance policy. What is the likely position in law of a breach of good faith by one party, which was unknown to the other party?

A. Cover would be maintained in full for the innocent party as the cover is likely to be a joint policy
B. Cover for both parties would be invalidated as the cover is likely to be a joint policy.
C. Cover would be maintained in full for the innocent party as the cover is likely to be a composite policy.
D. Cover for both parties would be invalidated as the cover is likely to be a composite policy.


Solutions:

Question 1
Answer: A,C
Question 2
Answer: C
Question 3
Answer: D
Question 4
Answer: D
Question 5
Answer: B

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